No doubt, they saw these decisions as moments of greatness. Or, at least hoped that history would see it that way. One, an egotistical ass who used his intellect as a cudgel with which to intimidate, to bully others. The other, simply a small minded man selected for that very smallness of mind. The one, recently departed Supreme Court Justice Antonin Scalia. The other, now Supreme Court Chief Justice John Roberts.
Had Justice Scalia been even half as smart as he thought he was, he would have known that America is as great as we the people make it. That the right to vote, not the right to possess a gun, is our path to our destiny. That the constitution was given to us not as sword to fall upon, but rather as a rock upon which to build our democracy.
As a consequence of Justice Scalia’s Heller decision, and, make no mistake, it was a huge mistake and it was his; across the nation, we now have half-wits too dumb to understand democracy armed with assault weapons forming armed militia in order to ‘protect to democracy’. To these idiots; democracy means their right to bear arms; democracy comes from the barrel of a gun, not with the vote. Many of them couldn’t even be bothered to vote. After all, what does voting have to do with democracy? As a consequence of Heller, America has more guns per capita than any other country; more gun deaths per capita than any other country.
Chief Justice Roberts no doubt hopes to be remembered well; perhaps, even as being a great man. Don’t we all? Too bad, Justice Roberts. History will see you for the small minded man you were: The Chief Justice who unleashed the forces of wealth against our democracy in Citizens v. FEC, the Chief Justice of Shelby v. Holder, the Chief Justice of Rucho v. Common Cause; as the Chief Justice Taney of the 21st century. Let us pray that Citizens, Shelby, Rucho, …, don’t take so long to be overturned; that another Chief Justice comes along soon who sees the wrong in these decisions; that they must be overturned. A Chief Justice that can again set us on a path forward.
Did Justice Scalia even believe in democracy? Let us look to his votes. He voted with the majority in Citizens, Shelby, and Bush v. Gore. So, let us say that he didn’t. What of those members of well armed militias enabled by his Heller decision who assaulted the Capitol on January 6, 2021 in an attempted insurrection? Those who would use force to overturn that very cornerstone of democracy, a free and fair election? How was it that the ‘brilliant’ Justice Scalia was incapable of foreseeing the consequences of Heller?
Chief Justice Roberts, does he believe in democracy? Again, there is no evidence that he does, a lot that he does not. It seems that John Roberts does believe in serving the Republican party (he ran to George W. Bush’s aid in Florida in 2000), in the Federalist Society, and in something he calls ‘Originalism’. What of the consequences of his Citizens decision? Tens of $Billions of dark money being spent on political campaigns, on appointing Federalist Society adherents to the Federal Courts (including the last three appointments to the Supreme Court). What of the consequences of Shelby v. Holder? To date, republican legislatures in forty-three states have taken steps to suppress minority voting based on that decision. They could do this because they could because of the Shelby decision and of the gerrymandering permitted under the Rucho v. Common Cause decision. Supreme Court Chief Justice John Roberts is no friend of democracy.
Judges, Ideologues, Dogmatics, and bad